Disney to Pay Costume Characters $3.8 Million in Back Wages

Walt Disney World in Florida has been hit with wage theft and other allegations and has agreed to pay $3.8 million in back wages to 16,339 of its costume characters, such as Mickey, Goofy and the like. This comes after the Department of Labor (DOL) found that Disney was deducting the cost of the costumes […]

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7th Circuit Court Denies College Athletes Status as Employees

The U.S. 7th Circuit Court of Appeals has affirmed a district court’s ruling that denied employee status under the Fair Labor Standards Act (FLSA) to student athletes at the University of Pennsylvania, who had filed suit to establish an employer-employee relationship. In so ruling, the appellate court endorsed the U.S. Supreme Court’s statement in NCAA v. Board […]

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Subway Teams with WHD to Monitor Wage and Hour Issues

Subway, a DBA of Doctor’s Associates Inc., has reached an agreement dated Aug. 1 with the Wage and Hour Division (WHD) of the Department of Labor (DOL) to “ensure a fair day’s pay for a fair day’s work” at its U.S. franchises. The agreement notes that Subway has partnered with WHD since 2012 to educate […]

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MLB Minor Leaguers Strike Out on Minimum Wage Lawsuit

A federal judge has decertified the collective of former minor league players suing Major League Baseball (MLB) over minimum wage claims, and he has also denied their certification as a class action. Lawyers representing the former minor leaguers vowed to appeal. U.S. Magistrate Joseph Spero of the Northern District of California made the ruling July […]

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‘Black Swan’ Unpaid Interns Case Drawing to a Close, or Not?

The Department of Labor (DOL) has long been cracking down on the use of unpaid interns to do the work of employees, and the most famous case alleging such abuse — the interns on the movie “Black Swan” who filed a lawsuit for back pay — may be drawing to a close. Or maybe not. […]

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DOL Sends New Overtime Rule to OMB for Final Review

The Department of Labor (DOL) on Monday forwarded its revised overtime rule to the Office of Management and Budget (OMB) for final review, setting the stage for publication by July. The OMB has a 90-day window to review the final version of the rewrite of overtime rules that will make eligible some 5 million more […]

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DOL Affirms July 2016 as White Collar Overtime Rule Publishing Date

Squashing rumors that it intended to rush the white collar overtime rule out by May to avoid having it overturned should a Republican become president in 2017, the Department of Labor (DOL) has affirmed that it is sticking with its announced July publication date. Speaking at an American Bar Association (ABA) meeting this week,  Solicitor […]

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Federal Judge Dismisses College-Athletes-Are-Employees Claim

A federal judge in Indianapolis this week threw out a lawsuit by student athletes against more than 100 Division I colleges and universities, alleging they were employees under the Fair Labor Standards Act (FLSA) deserving of being paid the minimum wage. U.S. District Court Judge William T. Lawrence ruled against the athletes, writing: “The question is not […]

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FLSA Lawsuits Break Record in 2015

According to the Federal Judicial Center, lawsuits arising from violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA) totaled 8,781 in the fiscal year ending this past Sept. 30. That was up from 8,160 in FY 2014, a 7.6 percent increase. Legal observers expect the total to keep rising this […]

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WHD Administrator Issues Joint Employer Interpretation

Wage and Hour Division (WHD) Administrator David Weil yesterday issued guidance on joint employers that will allow more employees to fall under the protections of the Fair Labor Standards Act (FLSA), advising: “When two or more employers jointly employ an employee, the employee’s hours worked for all of the joint employers during the workweek are aggregated and […]

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